In Northboro, a battle over couple's private firing range

Tuesday

Apr 1, 2014 at 6:00 AMApr 1, 2014 at 9:55 PM

NORTHBORO — David Brown said he and his wife, Carmel Seferian, looked in several towns before they found a parcel large enough — and far enough away from neighbors — to build a private firing range. But now, several years later, there are some who oppose a firing range on his land. "It seemed unreasonable the town would take from us the use for which we had specifically bought this piece of property," said Mr. Brown.

By Elaine Thompson TELEGRAM & GAZETTE STAFF

NORTHBORO — David Brown said he and his wife, Carmel Seferian, looked in several towns before they found a parcel large enough — and far enough away from neighbors — to build a private firing range.

Mr. Brown, chief scientist at a laser company, and his accountant wife were competitive shooters in the early 1990s and often had to travel long distances from their Newton home to get to firing ranges.

In 1994, after the couple found 11 acres with a home and a barn on West Street near the Shrewsbury line, Mr. Brown said he called then Police Chief Kenneth Hutchins from his real estate agent's office to see if he could build a firing range. He said he was told he could, if it was in compliance with state laws.

Next he called the Planning Board office to ask about 20 abutting acres he was also interested in buying. He said he was told that nothing would ever be built on the 20 acres because it was not conducive to a septic system being installed.

The couple purchased the home and property at 261 West St. and eventually constructed a formal firing range. The couple mostly shoot pistols and rifles.

But around 1999 to 2000, homes began to be built on the neighboring 20 acres. Mr. Brown said eventually six "McMansions" were built on the property, known as Settler's Road. Some of the homes cost more than $1 million.

Police Chief Mark K. Leahy has sponsored a warrant article for the April 28 annual town meeting seeking to implement a bylaw restricting the discharge of firearms in town.

Mr. Brown said he never received any "hard" complaints about his firing range. A couple of neighbors who called to ask about the shooting were invited over to tour the property and the range. Mr. Brown said he and his wife provided their guests with cookies and milk and eventually worked out arrangements concerning the firing range. Since the couple was working during the week, they used the range on average once a week, mostly on Saturday, he said.

Three years ago, another neighbor, Geoffrey Mowry, contacted Chief Leahy to complain about the shooting range's less than 500 feet distance from the home he had built in 2007.

While there is no state law that regulates firing ranges, Chief Leahy sent Mr. Brown a letter ordering him to cease and desist from the use of the firing range or face prosecution with a possible penalty of a fine and-or jail time. The chief said he sent the letter "in the interest of public safety."

Mr. Brown appealed the order to Worcester Superior Court, where Judge Robert B. Gordon ruled in his favor in December. That same month, Mr. Mowry sold his home and property at 11 Settler's Road to Jeffrey B. Akin and Leah Arnold for $1,027,500. The home at 7 Settler's Road is on the market for $1.1 million.

Chief Leahy said the town lost the case because state laws that regulate the discharge of firearms do not apply to firing ranges.

"We had no bylaw that addressed it and the state law was not helpful. The judge said there is no definition of a firing range in the state law," the chief said. "It does appear Massachusetts law allows him to do this regardless of the fact homes have been developed nearby."

Mr. Brown, 79, said he sued the town for two reasons.

"We bought this piece of property exclusively for the purpose of building a firing range on it. We pay nearly $10,000 a year in real estate taxes," he said. "It seemed unreasonable the town would take from us the use for which we had specifically bought this piece of property.

"Another thing that concerned me was if the town could force me to stop using my range in clear contravention of the state law, which has an absolutely clear exemption for ranges, it would be a precedent for other towns to use to discourage firearms use," he said.

Mr. Akin said he and his wife would not have bought the home if he had known that the firing range can still be used.

He said the former owner did not disclose information about the nearby firing range. After putting an offer on the house, Mr. Akin said, he and his wife went back for a second viewing and that's when they noticed signs on trees between the house and Mr. Brown's cautioning people about the firing range.

He said that's when the real estate agent for the former owner gave his agent a copy of the cease-and-desist order. No one told him about the court case, he said.

"We were under the impression that he wouldn't be able to use it going forward," said Mr. Akin. "We have an 8-month-old daughter and we'll be setting up a (swing set) 100 yards from a firing range."

Mr. Akin, formerly of Newton and who works for a pharmaceutical company in Marlboro, said he will attend town meeting and voice his opinion.

Article 58 would prohibit anyone, except in the performance of a legal duty or in the lawful defense of a person or property, from discharging a firearm within 500 feet of a dwelling or other occupied structure, unless with the written permission from the owner of the land on which the dwelling or structure is located.

"We figure if you can't hunt within 500 feet of a house and other than when at a firearms range you can't shoot within 500 feet of a house, it seems reasonable to apply that to a regular firing range. But, ultimately the (town meeting) voters will decide who they agree with," Mr. Akin said.